Boral Resources (SA) Limited T/A Boral Construction Materials

[2020] FWCA 5392

[2020] FWCA 5392

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Boral Resources (SA) Limited T/A Boral Construction Materials
(AG2020/2532)

BORAL SA QUARRY ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 8 OCTOBER 2020

Application for approval of the Boral SA Quarry Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Boral SA Quarry Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Boral Resources (SA) Limited T/A Boral Construction Materials. The Agreement is a single enterprise agreement.

[2] The employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] I observe that clause 5.1.1 is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.5 of the Agreement, I am satisfied that the beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement was approved on 8 October 2020 and, in accordance with s.54, will operate from 15 October 2020. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

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Annexure A: